Privacy Rights and the Dead
According to Smolensky, there is an understanding in law that there is a need for protection of posthumous privacy rights. By the author “[a]lthough many posthumous privacy laws arose as a means to control the behavior of the living and protect the interests of surviving heirs, courts’ use of “‘rights’ language when creating legal rules that benefit decedents’ interests” suggests a desire to honor decedents’ wishes independent of their survivors’ wishes.” Discuss this statement. Do the dead enjoy privacy rights? Support your position by including any TWO legal cases in your discussion.
Use the following sources
1- Kirsten Rabe Smolensky, “Rights of the Dead” attached as pdf under uploaded files
2- Clay Calvert, “The Privacy of Death” attached as pdf under uploaded files
a.Use this source to discuss the National Archives & Records Administration v. Favish case
b. Find more on the case online
3- Catsouras v. Department of California Highway Patrol
a. Please find sources on this case
b. https://caselaw.findlaw.com/ca-court-of-appeal/1506055.html
